The contract award shall be based on the total cost considerations including, but not limited to the following:

•      The cost of the goods and services being purchased;

•      Availability of service and/or repair;

•      The targeted small business procurement goal and other statutory purchasing preferences; and

•      Other factors deemed relevant by the board.

The thresholds and procedures related to purchases of goods and services do not apply to public improvement projects.

 

Public Improvements

The board shall enter into public improvement contract(s) as the board deems to be in the best interest of the school district. ‘Public improvement’ means “a building or construction work which is constructed under the control of a governmental entity and is paid for in whole or in part with funds of the governmental entity, including a building or improvement constructed or operated jointly with any public or private agency.”

The district shall follow all requirements, timelines, and processes detailed in Iowa law related to public improvement projects. The thresholds regarding when competitive bidding or competitive quotations is required will be followed. Competitive bidding is required for public improvement contracts exceeding the minimum threshold stated in law. Competitive quotations are required for public improvement projects that exceed the minimum threshold amount stated in law, but do not exceed the minimum set for competitive bidding. The board shall approve competitive bids and competitive quotes. If the total cost of the public improvement does not warrant either competitive bidding or competitive quotations, the district may nevertheless proceed with either of these processes, if it so chooses.

The award of all contracts for the public improvement shall be awarded to the lowest responsive, responsible bidder. In the event of an emergency requiring repairs to a school district facility that exceed bidding and quotation thresholds, please refer to sample policy 802.3.

The district shall comply with all federal and state laws and regulations required for procurement, including the selection and evaluation of contractors.  The superintendent or designee is responsible for developing an administrative process to implement this policy, including, but not limited to, procedures related to suspension and debarment for transactions subject to those requirements.

 

UNDER FEDERAL GRANTS

For federally funded procurement actions, where federal requirements conflict with Fairfield Community School District or state requirements, the federal requirement, or most restrictive requirement will be followed.

 

METHODS OF PROCUREMENT

The non-Federal entity must conduct procurements in a manner that prohibits the use of statutorily or administratively imposed state, local, or tribal geographical preferences in the evaluation of bids or proposals. 200.319(b).

Procurement under grants shall be made by one of the following methods, as described herein: (a) small purchase procedures; (b) sealed bids (formal advertising); (c) competitive proposals; (d) noncompetitive proposals.

A. Micro-Purchase Procedures 200.320(a)
i. The acquisition of supplies or services, the aggregate dollar amount of which does not exceed the micro-purchase threshold - $10,000 (200.67)
ii. To the extent practicable, must distribute micro-purchases equitably among qualified suppliers
iii. May be awarded without soliciting competitive quotations if the non-Federal entity considers the price to be reasonable

B. Small Purchase Procedures 200.320(b)
i. Are those relatively simple and informal procurement methods for securing services, supplies, or other property that does not cost more than the simplified acquisition threshold - $250,000 (200.88)
ii. Price or rate quotations are to be obtained from an “adequate number” of qualified sources

C. Sealed Bidding (formal advertising) 200.320(c)
i. Lowest priced, responsive, responsible, bidder WINS
ii. The preferred method for construction when sealed bidding is “feasible”, which is when certain conditions are present
iii. Bids must be solicited from an “adequate number of known suppliers”, providing them sufficient response time before date for the opening of bids
iv. Bids will be opened at the time and place prescribed in the invitation for bids
v. Must publicly advertise the invitation for bids
vi. Bids must be opened publicly
vii. Other procedural requirements at 200.320(c) (2)

D. Competitive Proposals 200.320(d)
i. Used when conditions are not appropriate for the use of sealed bids
ii. The appropriate method when more than one source is expected to submit an offer and either a fixed-price or cost-reimbursement type contract is awarded
iii. Awards will be made to the responsible firm whose proposal is most advantageous to the program, with price and other factors considered
iv. Requests for proposals must be publicized and identify all evaluation factors and their relative importance
v. Proposals must be solicited from an adequate number of qualified sources
vi. Must have written method for conducting technical evaluations of the proposals received and for selection of the contract

E. Noncompetitive Proposals 200.320(f)
i. Procurement through solicitation of a proposal from only one source and may be used only when one or more of the following circumstances apply:
a. One Source: the item is available only from a single source
b. Exigency/Emergency: an exigency or emergency will not permit a delay resulting from competitive solicitation
c. Awarding Agency Approval: the Federal awarding agency or pass-through entity expressly authorizes noncompetitive proposals in response to a written request from the non-Federal entity
d. Inadequate Competition: after the solicitation of a number of sources, competition is determined inadequate

 

CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN’S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS (200.321)

A. Assuring that small and minority businesses, and women’s business enterprises are solicited whenever they are potential sources;

B. Placing qualified small and minority businesses and women’s business enterprises on solicitation lists;

C. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women’s business enterprises;

D. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women’s business enterprises;

E. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and

F. Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (a) through (e).

 

CONTRACT PRICING (200.323)

A. The cost plus a percentage of cost and percentage of construction cost method of contracting shall not be used.

B. Fairfield Community School District shall perform some form of cost/price analysis for every procurement action, including contract modifications, amendments, or change orders. Fairfield Community School District shall make an independent estimate prior to receiving a bid or proposal. Fairfield Community School District shall negotiate profit as a separate element of the price for each contract in which there is no price competition and in all cases where cost analysis is performed. In determining a fair and reasonable profit, Fairfield Community School District must consider the complexity of the work to be performed, the risk borne by the contractor, the contractor’s investment, the amount of subcontracting, the quality of its record of past performance and the industry profit rates in the surrounding geographical area.

 

PROCUREMENT RECORDS

Fairfield Community School District shall maintain records sufficient to detail the significant history of a procurement, including the rationale for the method of procurement, selection of contract type, contractor selection or rejection, and the basis for the contract price. (200.324)

(a) Fairfield Community School District must make available, upon request of the Federal awarding agency or pass through entity, technical specifications on proposed procurements where the Federal awarding agency or pass-through entity believes such review is needed to ensure that the item or service specified is the one being proposed for acquisition.

(b) Fairfield Community School District must make available upon request, for the Federal awarding agency or pass through entity pre-procurement review, procurement documents, such as requests for proposals or invitations for bids, or independent cost estimates, when:

(1) Fairfield Community School District procurement procedures or operation fails to comply with the procurement standards in this Part;

(2) The procurement is expected to exceed the Simplified Acquisition Threshold and is to be awarded without competition or only one bid or offer is received in response to a solicitation;

(3) The procurement, which is expected to exceed the Simplified Acquisition Threshold, specifies a "brand name" product;

(4) The proposed contract is more than the Simplified Acquisition Threshold and is to be awarded to other than the apparent low bidder under a sealed bid procurement; or

(5) A proposed contract modification changes the scope of a contract or increases the contract amount by more than the Simplified Acquisition Threshold.

(c) Fairfield Community School District is exempt from the pre-procurement review in paragraph (b) of this section if the Federal awarding agency or pass-through entity determines that its procurement systems comply with the standards of this Part.

(1) Fairfield Community School District may request that its procurement system be reviewed by the Federal awarding agency or pass-through entity to determine whether its system meets these standards in order for its system to be certified. Generally, these reviews must occur where there is continuous high-dollar funding, and third-party contracts are awarded on a regular basis;

(2) Fairfield Community School District may self-certify its procurement system. Such self-certification must not limit the Federal awarding agency's right to survey the system. Under a self-certification procedure, the Federal awarding agency may rely on written assurances from Fairfield Community School District that it is complying with these standards. Fairfield Community School District must cite specific policies, procedures, regulations, or standards as being in compliance with these requirements and have its system available for review.

 

AWARDED CONTRACTS

A. Fairfield Community School District will not award a contract to a party listed as debarred, suspended, or otherwise excluded in the System for Award Management (SAM). www.sam.gov (200.213)

B. Contracts awarded shall contain the applicable contract provisions described in 2 CFR 200.326 and Appendix II to Part 200.

 

Passed and adopted this __________ day of _____________________________________

 

 

 

____________________________________                            ___________________________________
 Robin Leonard, Board Secretary                                                Christi Welsh, Board President

 

 

Legal Reference:  Iowa Code §§ 26; 28E; 72.3; 73; 73A; 285; 297; 301.
                                       261 I.A.C. 54.
                                       281 I.A.C. 43.25.
                                       481 I.A.C. 25.

Cross Reference:  705       Expenditures
                                       801.4    Site Acquisition
                                       802       Maintenance, Operation and Management
                                       802.3    Emergency Repairs
                                       803       Selling and Leasing

Approved   Aug. 20, 2018, January 28, 2021      
Reviewed   July 16, 2018, Dec. 21, 2020           
Revised    July16, 2018, Dec. 21, 2020 

 

The board authorizes the issuance of warrants for payment of claims against the school district for goods and services.  The board will allow the warrants after the goods and services have been received and accepted in compliance with board policy and the claims audited by the board.

Claims for payment of freight, drayage, express, postage, printing, water, lights, telephone, rents, certain registration fees, and payment of salaries pursuant to the terms of a written contract may be paid by the board secretary prior to formal audit and approval by the board.  In addition, the secretary, upon approval of the board president, may issue warrants for verified bills filed with the secretary when the board is not in session prior to payment and prior to audit and approval by the board.  The board secretary will examine the claims and verify bills.

The secretary will determine to the secretary's satisfaction that the claims presented to the board are in order and are legitimate expenses of the school district.  It will be the responsibility of the secretary to bring claims to the board.

The board president and board secretary may sign warrants by use of a signature plate or rubber stamp.  If the board president is unavailable to personally sign warrants, the vice president may sign warrants on behalf of the president.

It is the responsibility of the superintendent to develop the administrative regulations regarding this policy.

 

 

Legal Reference:  Love v. City of Des Moines, 210 Iowa 90, 230 N.W. 373 (1930).
                                        Iowa Code §§ 279.8, .29, .30, .36; 291.12; 721.2(5) (2013).
                                        281 I.A.C. 12.3(1).
                                                                1980 Op. Att'y Gen. 102, 160, 720.
                                       1976 Op. Att'y Gen. 69.
                                       1972 Op. Att'y Gen. 130, 180, 392, 456, 651.
                                       1936 Op. Att'y Gen. 375.

Cross-Reference:  705  Expenditures

Approved:  Feb 11, 1985, Dec 21, 2015, Nov. 15, 2021    
Reviewed:  Aug. 24, 2005, Nov. 1, 2012, Oct 26, 2015, Oct. 18, 2021    
Revised:  Oct. 10, 1994, Jan. 12, 1998, Oct 26, 2015

 

Requisitions for equipment, supplies, and services are to be made using the district’s web-based system for procurement.

 

 

Approved:  Feb. 11, 1985, Dec 21, 2015    
Reviewed:  Aug. 24, 2005, Oct 26, 2015    
Revised:  Oct 26, 2015

 

The procurement of supplies, equipment, and services will be initiated by the submittal of a requisition from district staff. Approved requisitions will be transferred to official purchase orders issued by the superintendent’s office.

 

 

Approved:  Feb. 11, 1985, Dec 21, 2015    
Reviewed:  Aug. 24, 2005, Oct. 26, 2015      
Revised:  Jan. 12, 1998, Oct. 26, 2015

 

Whenever physically possible, all supplies and equipment purchased in the name of the School District will be cleared through the central receiving.  Whenever this procedure is impossible and/or impractical, the central receiving is notified by the school personnel receiving such equipment, supplies, and services that such has been delivered.

It is the duty of the central receiving to certify to the accounting department the receipt of all equipment, supplies, and services.

 

 

Approved:  Feb. 11, 1985, Dec 21, 2015   
Reviewed:  Aug. 24, 2005, Oct 26, 2015      
Revised:  Jan. 12, 1998, Oct. 26, 2015

 

Generally, the school district will not purchase items on behalf of employees.  The school district may in unusual and unique circumstances do so.  It is within the discretion of the board to determine when unique and unusual circumstances exist.

No purchase is made unless the employee has paid the school district prior to the order being placed and the employee has agreed to be responsible for any taxes or other expenses due.

 

 

Legal Reference:  Iowa Code § 279.8 (2013).

Cross Reference:  703       Budget

Approved: Dec 21, 2015
Reviewed: Oct 26, 2015      
Revised:  Oct 26, 2015